Covenant Regarding Real Property 2004-0111103
. ..;REC~RDING REQUEST.: ) DOC . 2004-0111103
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CITY OF P.OWAY ) FEB 12. 2004 8:48 AM
WHEN RECORDED, MAIL TO: ) OFFICIAL RECORDS
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) SAN DIEGO COUNTY RECORDER'S OFFICE
?~ CITY'CLERK' ) GREGORY J. SMITH. COUNTY K'ECORDER
CITY'OF POWAY ) FEES: 14.00
P 0 BOX"7a9 )
~. POWAY CA92074-0789 )
~cf' )
No Transfer Tax Due ) (This space for Recorder's Use)
Af?N: 317c341-28
COVENANT REGARDING REAL PROPERTY
J2Y
<3,eorg~ Valle_s~ and Jo/Ann,e Vallese, Husband an'dWife as Joint Tenants, PROPERTY
OWNERS ("OWNER" hereinafter,), are the owners of real property descriped in ExHibit A, which
is attached hereto and made a part;tiereof, and which is commonly'known as Assessor's Parcel
Number 317-341-28 ("PROPERTY" hereinafter).
Inconsideration of the approyal by the City of Poway ("CITY" hereinafter) of Mirior
Development Review'Application, (MDRA) 03-93, a request to,add 2,114 square feet of living
area, induding a secondcstory guestlhouse over the existirig garage, to an existing single-family
residence, on a 9,746-acre lotlocated.at 12636 Metate kcll)e'inthe Residential;Single-Family 4
(RS-4) zone,OWNER'hereby agrees that no portion of the guest house shall ever beTented or
leased as a separate unit, and kitc;hen facilities sQ?1I never be Installed. No natural gas
connection or'220V electricity is permitted in the guest house'counter/sink area.
This Covenant shall run with .the land and be binding upon and inure to the benefit. of the
future. owners; encum._branc~rs,successors, heirs, personal representatives, transferees and
as'signs of the respective parties.
In theeyent that Minor DeYe'llopment Review Application 03-93 expires or is rescinaed
by City Council at the request of the OWNER, CITY shall expunge this Covenant from the
record'titleof the PROPERTY
In the event of litigation to eriforce the provisions ofthls Covenant, the prevailing party
shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the
other party OWNERS/~ ~
Dated: 21)~ juy"
By' ./ ~
i . ,___
I Geprge'Vallese
Dated: ;;;/S-/Oi By: ~/
. / &d,rAnnlvalles'e ~)
Dated: }--/7//0'{ By'
Niall Fritz, Director'of D
M:\planning\Usa\Projects\MDRAoj:93_ val lese add\covenant.doc O~I- 010
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EXHIBIT "A"
"J' :\'
The land;refimed to inilhisReportis'situated inthe County of ,san. Diego, CitY-of poway
State:ofiCalif6iiiia,:anCl is descrioed as follows:
PARCEL 1
'That portion of the Northwest Quarter of the Nort,heast Quarter of Section 23,
Township 14 South, Range 2 West, San Bernardino Base, .and Meridian, in the City
of Poway, County of San Diego, State of California, according to United States
Survey approved September 11, 1879, described as follows"
Beginning at the Southwest corner of Lot 25 of TUstin Hills Unit no. 1 according
to Map thereof No 4442', filed .in the Office of the, County Recorder of said San
Diego County, January '12, 19~0;thence along the boundary of said Unit no. 1,
North 83026'40" East 143 44 fee!, to the ,TRUE POINT OF' BEGINNING; thence
continuing North 83026 '4'0'11 East, '84':.00 feet'j thence .South 6033'20" East 115.00
f~et to a line dra~ parallel Mith and 30 00 feet Northerly from the center line
of County Road'Survey No 887 shown as Metate Lane on said Map; thence along
said parallel line South 83026 i~O" 'West 84 00 feet to a. line which bears South
6033'20" East from the TRUE POIlITOF BEGINNING; thence North 6033'20" West
11500 feet to the TRUE POINT OF BEGINNING
PARCEL 2
An easement. for road purposes 5 '00 feet in width lying Southerly of and
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adjoining the Southerly line of' Parcell above
ORT 3157,C
'C~~iF.o.R~NiAAL:L.PU~,pA A~KNOWLEDGMENT .
..'...
Stateo! CAliF M/rJ14
County. of ;;;; /V b 167;0
On [01 i I zoo 1( before me, !tfyi/IS J/p;ll;rl, IlhiA-r'J( IZ/3u L
Dale W 'Name and ,Tille of Office (e,g., Jane Doe, Notary Public")
perso~ally appeared GVEDt<6t 1ft UBC /}1iIJ:, J O/);ZI J/ LL I:: -;::[
Name(s)'ot,Signer(s)
o personally known fo me - OR -'~:proved to meon the basis of#tisfactOry evid~nce fo be, the person(s)
whose name(s) i laresubscribed to the within instrument
and acknowledged to me that !JiIsn€'/they executed .the
same in \)iS/b€lr/their authorized capacity(ies), and that by
f:H{/p.{;ltheir signi'lture(s) on the instrument the person(s),
or the entitYupoh belialf of which the person(s) acted,
./j\c~",," PHYlLIS SHINN executed .tlie, instrument.
- ~ CommISSion # J 450304
~ .~~.~ Notary Public. Calltornla f WITNESS my hand and official seal.
. Son Diego County - , '.:t Jf0~
My Comm. Expires Nov 9, 2007
Signature of Notary Public
OPTIONAL
Thoughthe information belowJs..not requirf}d.'bylaw,)t mElyprove valuable toperfjons relying on the document and could prevent
fraudulenUemoval'and reattachment of this form'to l!-nother document.
Description of Attached Docurnent=i1 I
Title or Type of Document: Lbj/c.~~ , r4/h? L ,tiC ~/t7- ~o Ot;7? I V
Document Date: 2- 2 -() if Number of Pages: 2-
jl!11l [ (,
Signer(s) Other Than Named Above: r ~/(-rZ-
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer q Corporate Officer
Title(s): Title(s):
o Partner - 0 Limited d General o Partner-D Limited 0 General
o Attorney,in-Fact o Attorney-in-Fact
o Trustee o Trustee
o Guardian or Conservator . CJ Guardian or Conservator
bather' Top qf thumb here o Other' Top of thumb here
Signer Is Representing: Signer ,Is Representing:
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C 1994 Nat.lonaJ N~lary ~ation . "B236 Remmet Ave., P.O. Box 7184 . Canoga Parw.,-CA 91309-7184 - prod. NO:-5907 Reorder: Call Toll.Free'1'600~8?6:~~7
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